Terms of service

OVERVIEW

Welcome to Donckerskoffie! The terms 'we', 'us', and 'our' refer to Donckerskoffie. Donckerskoffie operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the 'Services'). Donckerskoffie is powered by Shopify, allowing us to deliver the Services to you.

The general terms and conditions set out below, including all policies referenced herein (the 'Terms of Service' or 'Terms'), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you declare that you are of legal age according to the laws of the state or province where you reside and that you have given us permission to allow any minor members of your household to use the Services on devices you own, purchase, or manage.

To use the Services, including visiting or browsing our online shops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You declare and guarantee that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account login credentials and for all activities in your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS

We strive to provide as accurate a description as possible of our products and services in our online shops. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This relates to the type of device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our online shop.

All product descriptions may be changed at any time and at our sole discretion without prior notice. We reserve the right to discontinue the sale of a product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS

When you place an order, you make an offer to purchase. Donckerskoffie reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted after Donckerskoffie has confirmed it. We must have received and processed your payment before your order is accepted. Check your order carefully before submitting it. Donckerskoffie may not be able to honor a cancellation request after your order has been accepted. If we do not accept an order, modify it, or cancel it, we will try to notify you by contacting you via the email address, billing address, and/or phone number you provided during the ordering process.

You may only return or exchange purchases in accordance with our refund policy [LINK].

You declare and guarantee that your purchases are intended for personal use or use within your household and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING

Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time you place the order. This price is stated in the confirmation email you receive after your order. Unless expressly stated otherwise, listed prices are exclusive of taxes, shipping costs, handling fees, customs duties, and import duties.

The prices displayed in our online shops may differ from prices in physical stores or in online shops or other stores operated by external parties. We may occasionally offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

You declare and guarantee that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the charges you incur in accordance with the displayed prices, including shipping costs, handling fees, and all applicable taxes, where applicable.

ARTICLE 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we have handed the products over to the carrier, ownership and risk of loss transfer to you.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphic elements, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Donckerskoffie, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Donckerskoffie, Shopify, or a third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Donckerskoffie.

The names, logos, product names, service names, design elements, and slogans of Donckerskoffie are trademarks of Donckerskoffie or its affiliates or licensors. You may not use such trademarks without the prior written consent of Donckerskoffie. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

You may have access to customer tools offered by third parties through the Services. We do not monitor and have no control over or influence on these tools.

You acknowledge and agree that we provide access to such tools 'as is' and 'as available', without any warranties, representations, or conditions of any kind and without any endorsement. We are in no way liable for damages arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third party(ies).

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Service.

ARTICLE 8 - LINKS TO THIRD PARTIES

The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for investigating or evaluating the content or accuracy of materials or third-party websites you wish to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any damages or adverse consequences related to your visit to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of the third party and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be addressed directly to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANTS: This article accurately describes Shopify's relationship with your store and should not be removed or modified.]
Donckerskoffie uses Shopify to deliver the Services to you. However, all sales and purchases you make in our store are handled directly with Donckerskoffie. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Donckerskoffie, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or are related to your purchases from and transactions with Donckerskoffie.

ARTICLE 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to deliver and improve the Services. Information you submit via the Services is forwarded to and shared with Shopify, as well as with third parties who may be located in countries other than where you live, so they can provide services to you. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, 'Feedback'), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, deliver, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further declare and guarantee that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise unacceptable, or that violates any party's intellectual property rights or these Terms of Service, but we are not obligated to do so.

You agree that your Feedback does not infringe the rights of third parties, including copyrights, trademarks, privacy rights, personality rights, and other personal or property rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, offensive, or obscene statements, nor computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of the Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and accept no liability for Feedback posted by you or a third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information provided in or through the Services may contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (even after you have placed an order).

ARTICLE 13 - PROHIBITED USE

You may use the Services only for lawful purposes. You may not access or use the Services, either directly or indirectly, (a) for illegal or harmful activities; (b) to violate international, national, federal, or provincial laws, regulations, provisions, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate our employees or other persons; (e) to submit false or misleading information; (f) to submit, receive, upload, download, use, or reuse material knowingly that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activities that restrict or prevent others' use of the Services, or that, as determined by us, may be harmful to Donckerskoffie, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or other types of harmful code that could in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track personal information of others; (d) use spam, phishing, pharming, pretexting, spidering, crawling, or scraping; and (e) disrupt or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated provisions of these Terms.

ARTICLE 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.

The following articles shall also survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES

The information provided on or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, and other persons who become aware of its content.

UNLESS EXPRESSLY STATED BY Donckerskoffie, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, Donckerskoffie, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR INJURY, LOSS, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT (OR A PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ARTICLE 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Donckerskoffie, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any costs related to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party as a result of or arising from (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your breach of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you in the event of a claim subject to indemnification, provided that failure to give timely notice does not relieve you of your obligations unless you are materially prejudiced thereby. We may assume the defense and settlement of such a claim at your expense, including the engagement of an attorney, but we will not settle claims requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims subject to indemnification, including by providing relevant documents.

ARTICLE 18 - SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.

ARTICLE 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 - GOVERNING LAW

These Terms of Service and any separate agreements pursuant to which we provide you with our Services shall be governed by and construed in accordance with the federal and state-specific or provincial courts in the jurisdiction where Donckerskoffie has its headquarters. You and Donckerskoffie agree to the jurisdiction and personal jurisdiction of the relevant court.

ARTICLE 22 - HEADINGS

The headings used in this agreement are for convenience only and shall not limit or affect these Terms in any way.

ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. If you continue to access or use the Services after changes have been made to these Terms of Service, this means you accept those changes.

ARTICLE 24 - CONTACT DETAILS

Questions about the Terms of Service should be directed to us at info@donckerskoffie.be.

Our contact details are below:
[INSERT TRADE NAME]
info@donckerskoffie.be
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT IDENTIFICATION NUMBER]